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TMI Blog2021 (3) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 10.12.2018 giving final opportunity to assessee to explain the cash deposit in the bank account but there was no compliance, consequently Assessing Officer framed the assessment u/s. 144 and also initiated the penalty proceedings u/s. 271(1)(b) of the Act. All the bank accounts are in the joint name of the assessee and her husband. The explanation and addition made in the hand of the husband of the assessee would be relevant and shall have a bearing in the case of the assessee. The quantum appeals are still pending before the CIT(A) and the penalty appeals have been dismissed by the CIT(A) by ex parte order. Therefore, in the facts and circumstances of the case, where all the bank accounts are in the joint name and the Ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke any fresh ground of appeal before hearing of appeal. 2. The Ld. A.R. of the assessee has submitted that the assessee filed her return of income on 30.01.2012 declaring total income of ₹ 4,27,350/-. The Assessing Officer after completion of the assessment u/s. 144 of Act has also levied penalty u/s. 271(1)(b) of the Act of ₹ 10,000/- for non compliance of notice issued u/s. 142(1) of the Act. He has pointed out that the Assessing Officer has made the addition on account of cash deposit in the bank account of the assessee whereas those bank accounts are in the joint name of the assessee and her husband Shri Sushil Kumar Mishra and a similar notice u/s. 148 as well as 142(1) were received by her husband. The assessee was un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ute that the assessee has not complied with the notice issued u/s. 142(1) and therefore, the penalty u/s. 271(1)(b) of the Act is justified. 4. I have considered the rival submissions as well as relevant material on record. The Assessing Officer issued notice u/s. 148 of the Act on 23.03.2018 on the basis of the AIR information received regarding cash deposits in four bank accounts, out of which, the assessee is the first account holder in two banks and another two bank accounts, the first account holder is assessee's husband Shri Sushil Kumar Mishra. The Assessing Officer has made the addition on account of cash deposits in two bank accounts where the assessee is the first account holder while passing the assessment u/s. 144 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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